Page 72
72 18 NYCRR 358-6.3 Direction relative to similar cases. When a fair hearing decision indicates that a social services agency has misapplied provisions of law, regulations, or such agency's own State-approved policy, OAH's letter transmitting such decision to such agency may contain a direction to the agency to review other cases with similar facts for conformity with the principles and findings in the decision. 18 NYCRR 358-6.4 Compliance. (a) For all decisions, except those involving SNAP issues only, definitive and final administrative action must be taken promptly, but in no event more than 90 days from the date of the request for a fair hearing. (b) 1. For all cases involving SNAP issues only the decision must be issued and the parties notified of the decision within 60 days of receipt of the request for the fair hearing by OAH. 2. If the decision will result in an increase in household SNAP benefits, social services agencies must reflect such increase in the coupon allotment within 10 days of the receipt of the hearing decision; however, the increase may occur later than 10 days after the decision if the social services agency decides to make the decision effective in the household's normal issuance cycle and the issuance will occur within 60 days from the household's request for a hearing. Decisions which result in a decrease in household benefits must be reflected on the next scheduled issuance following receipt of the fair hearing decision. (c) Upon receipt of a complaint that a social services agency has not complied with the fair hearing decision, the commissioner, through action coordinated by OAH, will secure compliance by whatever means is deemed necessary and appropriate under the circumstances of the case. 18 NYCRR 358-6.5 Compliance with direction relative to similar cases. When a direction has been given to a social services agency to correct a misapplication of law, regulations or such agency's own State-approved policy in all cases similar to the one in which a decision has been issued, such social services agency must report the actions it has taken to comply with such direction to the commissioner or OAH within 30 days after receipt of the direction. The social services agency must make such additional reports as the commissioner may require.